Daily Republican., 1887-12-09
yEsrzKDAY AFTERNOONS COURT
Tho Case OF Martin o'rooie Va Bowers.
Dure a ComPany-a Little TIT BE
tween the OoubHeI.

vs. Bowers, Dure & Go was again taken |
up.
Henry r. Dure WAS recalled and !
c-oss examined by Mr.. Chandler. He
stated that although he lives next door |
to Mr.. Bowers he IL lot on friendly !
terms with him, and that there has not !
been any comm unicAtion between them !
for over two years.
| Mr.. Spruance then offered the eor-
tract made between the defendant oom !
psuy and the plAintiff in evidence, to I
which Mr.. Chandler objected, A war
of words ensued between the counsel,
when Mr.. Spruance made an assertion |
to the court and Mr.. Chandler di,puted
his word and said THAT is not 30 \"
Mr. Spruance addressed the court aud
said: "The learned counsel makes use
OF Language not suited TO this arena,
but which can be answered elsewhere
with something different from words"
He then continued his argument to the
court In favor of admitting the contract
As evidence, and WAS followed by Mr..
Chandler, who cited authorities il op.
position. The court finally decided 10
allow the paper 10 be offered as evi =
dence, and told Mr.. Chandler that he
could, II he 80 desired, ile his exoep
tions.
Mr.. Chandler still objected. and at
the suggestion OF the court Henry T
Bowers was called, and Identified the
signatures rs having been made in his
preser ce
He then read the contract to the Jury,
and IL showed that the plaintiff was to
receive . specified sum, as already
) stated, per week, but II he lost Any
tune he was required to make up the
: full rear OF fifty two weeks before there
S would be any advance in his weekly
nay ments, and also that all lost time
was to be deducted from the am cunt re-
j tanned in the plaintiffs . hands.
4 Ephraim L. Seeley wAs sworn, and
!, testified that he WAS employed by the
II Bowers & Dure Company at the time
Michael O'Toole worked there. He had
|. never heard him use bad language, bu;
IL he knew that he would frequently leave
]. his work to play around. he had seeu
, the foreman 90 after him and make bin
"a return 10 his work. On the day U Too Il
= WAS discharged Mr.. Bowers came uI
-, land caught him dancing, when he told
= him that he had had enough OF that
I. and he wanted him to take his kit anc
get out. There were two or three othe
6oys dancing, but he did not know
whether they were discharged or rot
Lewis Isbley testified that lie was {
foreman at Bowers & Dure's frOu
March 3 1881, until the firm WAS dis
IT lb.nded In 1884 He knew Of Mishae
- O'Toole, and in comparison with othe
&c Apprentices no was OF an idle disposi
N tion and inclined TO be diso6edisut
IA He had heard O'Toole uge profAne Ian
~ euaae 10 Mr.. Coleman, his foreman
Mr.. Robert Bowers had requested tn
e witness TO take O'roole into his depart
ment, but from what he had hear
re about him from the other ioremen IA
r declined to have him In his room.
Robert Stewart Vas recalled, an
G. testitled that he Was foreman In tn
at erecting department OF Bowers & DUR
He had sesn O'Toole frequently com
ne into hia department and idle away b
n time during working hours. He hs
often sent him out, and on these occi
lions he was always very impertlnen
sylvester Beerbrower testified thi
q be went TO work at Bowers q Dure
=, ea,ablishneut IN 1880, ard remained
their mploy for some time. u
knew that O'Toole worked at the plac
y and during the Ave weeks precedir
"a, his discharge he worked under u
witness, who was foreman or the pa
tern shop. For the first few days
we worked we'll enough, but after that
when the witness would go In search
hip he would find him tdling In sor
other mart of the shop. The witne
.. com mplained about him several times
IL Mr, Coleman aud finally told him tn
he would not have 0'Toole any long
III in hia dspartmenI The witness 70
Mr.. bowers after O'Toole was q
charged that he hAd not been able to
,od anything with him. He was prese
when Martin O'Toole asked Mr.. Bo
Us, ers about Michsel's money, and hea
.tte him say that he would not pay him
no cent. -, i.
tilted that he was In the employ OF
Bowers & Durs Company for three
four wears before the firm was dissol
ad He had charge of the cabinet (
n,rtment and O'Toole worked uni
him, Sometimes he was very gt
how. and at other times he was the
Eerse. Hs would go away from
Gus Hench and stroll around the shop;
4 Ike foreman complained about this 70
- vitness, but he would always tell th
die m try and bear with him. When
leS. wnrke1 he always did his work rig
81. and the witness was inclined to II
over his shortcomings, as he remt
G 10 bered thai he was boy himseii OF
,ac One of the men csme into the 81
drunk one day, aud when the with
bar vent 10 set him out, O'Toole oamt
In and saia 10 the man: Jump into h
llue 1,mmy, JIM h,m aI' I'n help you" There y
.ver three mahogany panels missing
day. and Coleman told the witness
ma found two OF them On ofoo
bench.
Johp w. Walker vas sworn, ana
titiad that he Ia now employed 81
Points powder works, but was emplo
nv Bower, & Dure for three years
q vioua TO the dissolution OF that
a, He had charge OF the varnish dep
ment. and although OTooie was
emnloyed in his department and
all mn hnsiness there, he WAS frequenti,
=, 20 the roam, When the witness wouia
" II him TO 90 ont, he would reply witn
onI h tha, he couldn't put him ous'
wonId leave his bench during y
honrs and come into the witness
nartmept and idle away his time.
fay O'Toole told the witness shat I
nan had found o half pint OF varI
and reported it to Robert Bowers,
had oharaed him 80 or 90 cents io
4T the witness forget which, but " !
oai,, In At he would aet even Win
- Of n b-h" The witness q
"ile him where he got the varnish, ah
pointed to his room. a..
. - when this witness left the q
n ali poorr morntuS. To
ele- r..,,
and r, sso,, Of Georgetown, &C